Returns & complaints
1.Withdrawal from the Sales Agreement by the Consumer
- The Consumer may within 14 days withdraw from the Sales Agreement without giving any reason.
- The period specified in paragraph 1 shall begin from the delivery of the Product to the Consumer or other person designated by him.
- In the case of an Agreement that includes multiple Products that are delivered separately, in batches or in parts, the period indicated in paragraph 1 shall run from the delivery of the last item, batch or part.
- The Consumer may withdraw from the Agreement by submitting to the Seller a statement of withdrawal from the Agreement, by going to the website ohobohoo.pl and clicking on “Statement of withdrawal from the agreement”, which is located under “Complaints and returns”.
- The Consumer may also send a statement of withdrawal from the Agreement to the address of the Seller by mail or electronically to the e-mail address of the Seller, which are given in § 1 of these Regulations.
- Withdrawal from the Agreement shall have the following effects:o The Sales Agreement shall be considered as not concluded;o The Seller may withhold reimbursement until receipt of the Product, but no later than within 14 days of receipt of the Product;o The Seller will refund the payment using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer has explicitly agreed to another solution, which will not be associated with any costs for the Seller;
- The Consumer should send back the Product to the address of the Seller given in § 1 of these Regulations, no later than within 14 days from the date on which he informed the Seller about the withdrawal from the Agreement.
- The Consumer shall bear only direct costs of returning the Product.
- The Consumer is responsible for any reduction in the value of the Product resulting from using it in a manner other than necessary to determine the nature, characteristics and functioning of the Product, in particular, it will be a situation in which the Product is returned in a deteriorated condition and / or unsuitable for further use and resale, i.e. bears traces of use, be damaged, etc.
- The right to withdraw from an agreement concluded away from business premises or at a distance does not apply to the Consumer in situations described in Article 38 of the Consumer Rights Act.
2.Warranty and claims procedure
- The subject of the Sales Agreement are new Products.
- In accordance with the Act of 30 May 2014 on Consumer Rights (i.e. Journal of Laws of 2020, item 287) and the Civil Code, in the case of Customers who are consumers, the Seller shall be liable for non-compliance of the Product with the agreement. In the case of Customers who are not consumers, the Seller is liable under the terms of the Civil Code. 3.
- In order to implement the complaint, the defective Product should be sent to the address specified in § 1, passage 1 of these Regulations.
- The Customer may submit a statement to reduce the price or withdraw from the contract, unless the Seller immediately and without excessive inconvenience to the Customer will replace the defective item for a defect-free item or remove the defect. This restriction does not apply if the item has already been replaced or repaired by the Seller or the Seller has failed to fulfil the obligation to replace the item with a defect-free item or remove the defect. If the Customer is a consumer, he/she may instead of the removal of defects proposed by the Seller request the replacement of the item with a defect-free one or instead of the replacement of the item request the removal of the defect, unless bringing the item to conformity with the agreement in the way selected by the Customer is impossible or would require excessive costs in comparison with the method proposed by the Seller.
- The Customer may not withdraw from the contract when the defect of the Product is insignificant.
- The Seller is responsible for defects that will be found before the expiry of 2 years from the date of release of the Product. If a defect is found, the Customer who is a Consumer should notify the Seller of this inconsistency within 1 year from the date of its discovery at the latest, indicating what the defect consists of and the preferred way of removing it. Sending the notice before its expiry is sufficient to meet the deadline.
- If the purchased Product has been incorrectly installed, i.e. not in accordance with the instructions received from the Seller, the Seller is not responsible for the damage resulting from incorrect installation.
- The complaint should be reported:1. electronically at the e-mail address: email@example.com, and send the advertised Product to the address given in § 1, passage 1 of the Regulations,2. in writing, together with the Product complained about, to the address given in § 1, passage 1 of the Regulations, attaching the filled “Complaint Form”, which can be found in the “Complaints and returns” tab.
- In the complaint should be included, inter alia, a brief description of the defect, the circumstances (including date) of its occurrence, data of the Consumer making the complaint, and the Consumer’s request in connection with the defect of the Product.
- The complaint will be dealt with within 14 days from the date of complaint with a description of the cause of complaint and request of the Consumer.
- In the case of not accepting the complaint, the Product will be returned to the Consumer together with an opinion on the unjustifiedness of the complaint.
- If the Customer who is the Consumer demanded replacement of the item or the removal of defects or made a statement on price reduction, specifying the amount by which the price is to be reduced, and the Seller has not responded to this request within 14 days, it is considered that the demand is justified.